Author: Corsin Bisaz
Publisher:
ISBN: 9786613909640
Category : Human rights
Languages : en
Pages : 243
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Book Description
The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.
Author: Corsin Bisaz
Publisher: Martinus Nijhoff Publishers
ISBN: 9004228713
Category : Law
Languages : en
Pages : 257
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Book Description
The Concept of Group Rights in International Law offers a critical appraisal of the concept of group rights in international law on the basis of an extensive survey of existing group rights in contemporary international law. Among some of its findings is the observation that an ideological way of arguing about this legal category is widespread among scholars as well as practitioners; it sees this ideological framing as one of the main reasons why international law has so far been very reluctant to provide group rights and to call them by their name. Accordingly, the book re-evaluates the concept based on the experience with existing group rights in international law and pleads for a more pragmatic approach. Despite limitations with the concept, the overall thesis is that there is a role for group rights as a pragmatic tool allowing for a principled approach to substate groups through international law. Such an approach could turn group rights into an arguably minor, but nevertheless, highly relevant legal category of international law.
Author: Eric J. Mitnick
Publisher: Routledge
ISBN: 1351149989
Category : Law
Languages : en
Pages : 215
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Book Description
Group-differentiated rights, or rights that attach on the basis of membership in a particular social or cultural group, are an increasingly common and controversial aspect of modern pluralistic legal systems. Eric Mitnick offers the first comprehensive treatment of this important form of right. The book describes and critically assesses the group-differentiated form of 'right' from within analytical, constitutive and liberal theory. It further examines the extent to which group-differentiated rights constitute aspects of human identity, and it asks whether this should be a cause for concern from the perspective of liberal theory. The more detailed normative work advanced in the book contextually applies the constitutive understanding of rights and the principles of liberal membership to particular examples of group-differentiated citizenship. Such examples range from ascriptive statuses such as slavery and alienage, to more affirmative classifications, such as those apparent in the contexts of civil unions and affirmative action, finally to the claims of religious and other cultural groups for official recognition and accommodation of group-based beliefs and practices.
Author: Christine T. Sistare
Publisher:
ISBN:
Category : Philosophy
Languages : en
Pages : 322
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Book Description
In matters such as affirmative action or home schooling, rights of ethnic and other minority groups often come into conflict with those of society in a culturally diverse population such as ours. But before considering the dilemmas posed by these issues, we must first ask such basic but important questions as what group rights are and how they intersect with the principles of democracy. This new collection brings together some of today's leading thinkers from the cutting edge of these debates, taking in a broad range of issues confronting philosophers, sociologists, and political scientists. Contributors such as Carl Wellman, Carol Gould, and Rex Martin examine the nature of groups and the conflict between group rights and democracy and also consider case studies depicting current issues in cultural, ethnic, and religious rights. The first section, on the nature of groups, examines some of the perplexing alternatives in the formulation of a theory of group rights. These articles investigate the kinds of rights minorities might claim and ask when groups can be held responsible for the acts of some of their members. The second section addresses the treatment of groups in a democracy and the precarious balance between indifference toward minorities and capitulation to their demands. Here the contributors examine five principles for the sensitive treatment of minority and disadvantaged groups in a democratic society. A final section explores specific conflicts between subgroup and societal claims through case studies dealing with affirmative action, religious practice and the education of children, and the land rights of indigenous peoples. By drawing on the legal and political dilemmas related to these cases, the authors confront issues of core versus peripheral interests, of individual member versus subgroup rights, and of the possibilities for social openness raised in the preceding sections Written from varied perspectives, Groups and Group Rights offers stimulating reading for both students and professionals as it takes on some of the most pressing dilemmas confronting our society.
Author: Morten Andersen
Publisher:
ISBN:
Category :
Languages : en
Pages : 108
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Book Description
Author: Peter Jones
Publisher: Routledge
ISBN: 1351932055
Category : Law
Languages : en
Pages : 558
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Book Description
Nowadays, rights are frequently ascribed to groups distinguished by their nationality, culture, religion or language. Rights are also commonly ascribed to institutionalised groups, such as states, businesses, trade unions and private associations. Yet the ascription of rights to groups remains deeply controversial. Many people reject the very idea of group rights. Amongst those who do not, there is radical disagreement about which sorts of group might possess rights and why. Some believe that group rights threaten the freedom and well-being of individuals, while others argue that the rights of groups can complement them. Some claim that group rights can also be human rights; others find that claim incoherent. The contributions making up this volume wrestle with these and many other of the issues that surround group rights. This volume brings together twenty-four of the journal articles that have contributed most significantly to contemporary thinking on group rights.
Author: Neus Torbisco Casals
Publisher: Springer Science & Business Media
ISBN: 1402042094
Category : Law
Languages : en
Pages : 278
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Book Description
Liberal theories have long insisted that cultural diversity in democratic societies can be accommodated through classical liberal tools, in particular through individual rights, and they have often rejected the claims of cultural minorities for group rights as illiberal. Group Rights as Human Rights argues that such a rejection is misguided. Based on a thorough analysis of the concept of group rights, it proposes to overcome the dominant dichotomy between "individual" human rights and "collective" group rights by recognizing that group rights also serve individual interests. It also challenges the claim that group rights, so understood, conflict with the liberal principle of neutrality; on the contrary, these rights help realize the neutrality ideal as they counter cultural biases that exist in Western states. Group rights deserve to be classified as human rights because they respond to fundamental, and morally important, human interests. Reading the theories of Will Kymlicka and Charles Taylor as complementary rather than opposed, Group Rights as Human Rights sees group rights as anchored both in the value of cultural belonging for the development of individual autonomy and in each person’s need for a recognition of her identity. This double foundation has important consequences for the scope of group rights: it highlights their potential not only in dealing with national minorities but also with immigrant groups; and it allows to determine how far such rights should also benefit illiberal groups. Participation, not intervention, should here be the guiding principle if group rights are to realize the liberal promise.
Author: Deirdre Fottrell
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041110138
Category : Political Science
Languages : en
Pages : 316
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Book Description
The role of education.
Author: Ronald Reed Garet
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 958
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Book Description
Author: J. Alberto del Real Alcala
Publisher: Bentham Science Publishers
ISBN: 1681085763
Category : Political Science
Languages : en
Pages : 312
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Book Description
This volume covers topics related to human rights issues and problems of people who are overwhelmed by hostile situations around them and are subsequently rendered vulnerable. The situations of vulnerability discussed in this book are related to suffering caused by the moral, family, social, economic or political conditions in which the people, and the groups they belong to, live. Readers are guided through a discussion about rights, as an instrument through which civil society and the ‘Rule of Law’ try to curb or even eliminate the suffering of these people. The aim of such efforts is to restore the situation of vulnerable people to a level of normality. Human Rights Issues and Vulnerable Groups presents a discussion of issues surrounding several kinds of vulnerable groups: minorities, children, gender groups, persons with disabilities, migrants, cultural groups, displaced persons, victims of terrorism, linguistic groups, poor people, people in prison and sexual minorities. The book is a detailed reference for graduates and scholars in law, political science, sociology and social psychology. The volume is also recommended for working professionals who operate with human rights groups and general readers (non-experts) who want to understand the discourse about human rights in a holistic (moral, legal, social, economic, and political) framework.
